Chapter 15.20
Temporary Uses

Sections:

15.20.010 Purpose

15.20.020 Temporary Uses

15.20.030 Seasonal Uses

15.20.040 Temporary Use Permits

15.20.050 Conditions

15.20.060 Coordination With Other City Codes

15.20.010 Purpose

It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated, beyond business license registration, by other City ordinances or regulations. (Ord. 92-1041 § 1)

15.20.020 Temporary Uses

Temporary uses that shall be regulated are as follows:

A.  Carnivals, street fairs, and outdoor holiday celebrations;

B.  Seasonal sales of Christmas trees, fireworks, flowers, fruits and vegetables;

C.  Temporary construction sheds or trailers only for the duration of the construction activity; provided, that no residential or other use shall be made of such temporary construction sheds or trailers that is unrelated to the construction activity. (Ord. 94-1006 § 15; Ord. 92-1041 § 1)

15.20.030 Seasonal Uses

The City Manager, or designee, may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed ninety (90) days in any twelve (12) month period. The City Manager, or designee, shall consider the following:

A.  The temporary use is not in proximity to a similar permanent use;

B.  The use should be consistent with the permitted uses in the zone;

C.  The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;

D.  The use must provide sanitary facilities if the Health Department finds it is necessary;

E.  The use must not infringe on public right-of-way;

F.  A performance bond, the amount to be determined by the City Manager, or designee, shall be posted to guarantee the removal of the use and that the area be restored to the satisfaction of the City Manager, or designee. (Ord. 95-1012 § 1; Ord. 92-1041 § 1)

15.20.040 Temporary Use Permits

The City Manager, or designee, may issue a temporary use permit to allow a defined temporary use/event if finding the use consistent with the following findings of fact:

A.  No significant capital outlay is required for the use or event to take place;

B.  The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;

C.  The use must provide sanitary facilities if the Health Department finds it is necessary;

D.  A performance bond, the amount to be determined by the City Manager, or designee, shall be posted to guarantee the removal of the use and the area restored to the satisfaction of the City Manager, or designee;

E.  A temporary construction shed or trailer may be located on the subject property or on adjacent property if owned by the same property owner or with permission of the owner. (Ord. 95-1012 § 1; Ord. 94-1006 § 16; Ord. 92-1041 § 1)

15.20.050 Conditions

In order to reasonably mitigate any adverse impacts associated with a temporary use permit, the permit may be conditioned to assure such mitigation. (Ord. 92-1041 § 1)

15.20.060 Coordination With Other City Codes

A.  Any temporary use permit shall comply with all applicable adopted City ordinances.

B.  Any solicitor who, while selling or offering goods, wares, merchandise or anything of value, displays, advertises, or offers such goods to the passing public while standing on public way or any other place not used and licensed by such person as a permanent place of business, shall secure in addition to a solicitor’s license a temporary use permit pursuant to this chapter. Door-to-door solicitors are excluded from this requirement if they are part of a nonprofit organization, school fund-raising project, or charitable organization.

C.  Uses regulated by the home occupation regulations (Chapter 15.17 SMC) are not subject to the provisions of this chapter. (Ord. 92-1041 § 1)